How does legal separation differ from divorce?

A legal separation permits a married couple to formally end a marriage without getting divorced. While neither partner is free to remarry (which would require a divorce), a legal separation allows you to live separately.

Why choose a legal separation over divorce?

A legal separation works for couples whose religious beliefs or cultural traditions do not allow for divorce but wish to formally signify that the marriage is over. It is also an option for those who have not been married for the 12 months required to start divorce proceedings. For those still unsure about the future of the relationship, it can provide some breathing space between deciding to work at the relationship or to proceed with divorce.

How to legally separate

Both parties should seek advice from an experienced family lawyer before proceeding to protect their interests. To formalise a legal separation, a judicial separation form needs to be submitted to the courts. This can be applied for together or by one party if the other is likely to object or does not want the separation to go ahead.

The government fee for this is currently £415. More information can be found here https://www.gov.uk/legal-separation.

Couples can then create a formal separation agreement. This document outlines the terms of the separation in terms of financial obligations and responsibilities, child arrangements and any other relevant issues. It is not legally binding but can be made so by submitting it to the court to be finalised into a series of consent orders.

The advantages of a legal separation

A legal separation is a formal way of ending a marriage where religious or cultural traditions do not allow for divorce.

By remaining married, both parties may be able to continue benefitting from certain perks, such as private family healthcare offered through one partner’s employer.

Another advantage is that if the couple do decide to proceed with a divorce the agreements in place should enable the process to run as smoothly as possible.

The disadvantages of a legal separation

The legal process of separation can involve the same court fees and paperwork as seeking a divorce.

A legal separation does not sever all financial ties between the parties as in divorce..

Neither party is free to remarry without going through the divorce procedure.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.